county government of nyamira the county assembly · 8. mr. benard mang’aa osumo gender, sports,...

REPUBLIC OF KENYA

COUNTY GOVERNMENT OF NYAMIRA

THE COUNTY ASSEMBLY

SECOND ASSEMBLY- THIRD SESSION

REPORT OF THE COMMITTEE ON APPOINTMENTS

ON THE VETTING OF THE NOMINEE TO THE

COUNTY EXECUTIVE COMMITTEE MEMBER FOR

TRADE, TOURISM AND COOPERATIVE

DEVELOPMENT

OFFICE OF THE CLERK

COUNTY ASSEMBLY OF NYAMIRA

APRIL, 2019

2 | P a g e REPORT OF THE COMMITTEE ON APPOINTMENTS ON THE VETTING OF NOMINEES TO THE COUNTY EXECUTIVE COMMITTEE

Contents PREFACE .................................................................................................................................................... 3

ACKNOWLEDGEMENT .......................................................................................................................... 4

FORMATION & MANDATE OF THE COMMITTEE ON APPOINTMENTS ................................. 5

LEGAL FRAMEWORK ............................................................................................................................. 5

1.0 INTRODUCTION ......................................................................................................................... 8

2.0 THE VETTING PROCESS .......................................................................................................... 9

2.1 Committee Preliminary Observations .................................................................................. 9

2.1.1 Statutory Requirements for Nominees ......................................................................... 9

2.1.2 Petitions against the Candidate ...................................................................................... 9

3.0 VETTING PROCESS .................................................................................................................. 11

3.1 Nominee Personal Details ..................................................................................................... 11

3.2 Academic, Professional Qualifications and Working Experience ................................. 11

3.3 Committee Findings on Ms. Pauline Kerubo Oyugi ........................................................ 11

3.4 Procedural Compliance by the Nominating Authority ............... Error! Bookmark not defined.

COMMITTEE RECOMMENDATION ..................................................................................................... 11

CONFIRMATION .................................................................................................................................... 12


PREFACE

Mr. Speaker, Sir,

The County Assembly of Nyamira Committee on Appointments is constituted pursuant

to the provisions of Standing Order No. 185 (1) and has executed its mandate in

accordance with the provisions of the said Standing Order 185 sub-paragraph (4), which

mandates the Committee;

To consider for approval by the County Assembly Appointments under Article 179(2) of

the Constitution of Kenya (2010) (Members of County Executive Committees)

Mr. Speaker, Sir,

The following are the Members of the Committee: -

i) Hon. Moffat Teya - Chairperson

ii) Hon. Duke Masira - Member

iii) Hon. Dennis Kebaso - Member

iv) Hon. Richard Onyinkwa - Member

v) Hon. Callen Atuya - Member

vi) Hon. Daniel Raban Masira - Member


FORMATION & MANDATE OF THE COMMITTEE ON APPOINTMENTS

Mr. Speaker, Sir,

The Committee on Appointments is constituted and draws its mandate from the

provisions of the County Assembly Standing Order No. 185 (4);

185. (4) The Committee on Appointments shall consider, for approval by the County

Assembly, appointments under Articles 179(2) (Members of County Executive

Committees).

LEGAL FRAMEWORK

Mr. Speaker, Sir,

The Committee confined its activities within the following statutes inter alia;

(i) The Constitution of Kenya, 2010Article 179(2) (b)

(2) The county executive committee consists of— (a) the county governor and the deputy county governor; and (b) members appointed by the county governor, with the approval of the assembly, from among persons who are not members of the assembly.

(ii) Chapter 6 of the Constitution of Kenya (2010) - Leadership and Integrity

(iii) Article 232 of the Constitution of Kenya (2010)

(1) The values and principles of public service include— (a) high standards of professional ethics;

(b) efficient, effective and economic use of resources;

(c) responsive, prompt, effective, impartial and equitable provision of services;

(d) involvement of the people in the process of policy making;

(e) accountability for administrative acts;

(f) transparency and provision to the public of timely, accurate information;

(g) subject to paragraphs (h) and (i), fair competition and merit as the basis of appointments and promotions;

(h) representation of Kenya’s diverse communities; and


(i) affording adequate and equal opportunities for appointment, training and advancement, at all levels of the public service, of––

(i) men and women;

(ii) the members of all ethnic groups; and

(iii) persons with disabilities.

(2) The values and principles of public service apply to public service in—

(a) all State organs in both levels of government; and

(b) all State corporations.

(iv) Section 8(1) (a) of the County Governments Act, 2012

8. (1) the county assembly shall — (a) Vet and approve nominees for appointment to county public offices as may be provided for in this Act or any other law;

(v) Section 14 (3) of the County Governments Act, 2012

In considering any appointment for which approval of the county assembly is required under the Constitution, an Act of Parliament or county legislation–– (a) the appointment shall be considered first by a committee of the county assembly; (b) the committee’s recommendation shall be tabled before the county assembly for approval; and (c) the proceedings of the committee and the county assembly shall be open to the public.

(vi) Order No.172 of Nyamira County Assembly Standing Orders.

Powers and privileges of committees

172. Committees shall enjoy and exercise all the powers and privileges bestowed on County Assembly by the Constitution and statute, including the power to summon witnesses, receive evidence and to request for and receive papers and documents from the Government and the public.

(vii) The Committee strictly adhered to the procedures provided for in the Public

Appointments (County Assemblies Approval) Act, 2017

(viii) The County Government Act, 2012 Section 35

35. (1) the governor shall, when nominating members of the executive committee— (a) ensure that to the fullest extent possible, the composition of the executive committee reflects the community and cultural diversity of the county; and


(b) take into account the principles of affirmative action as provided for in the Constitution.

(2) The county assembly shall not approve nominations for appointment to the executive committee that do not take into account—

(a) not more than two thirds of either gender; (b) representation of the minorities, marginalised groups and communities; and (c) community and cultural diversity within the county.

(3) A person may be appointed as a member of the county executive committee if that person—

(a) is a Kenyan citizen; (b) is a holder of at least a first degree from a university recognised in Kenya; (c) satisfies the requirements of Chapter Six of the Constitution; and (d) has knowledge, experience and a distinguished career of not less than five years in the field relevant to the portfolio of the department to which the person is being appointed.

(4) A member of the county executive committee shall not hold any other State or public office.


1.0 INTRODUCTION

1.1 Notification by H.E the Governor of nominees to the County Executive Committee

Mr. Speaker, Sir,

Pursuant to Article 179 (2) of the Constitution of Kenya 2010 and Section 6(1) of the Public

Appointments (County Assemblies Approval) Act 2017, H.E the Governor forwarded to the

Clerk of the County Assembly of Nyamira, the name of 1 nominee vide a letter dated 19th

November 2018 (Annexure 1) for approval by the County Assembly and subsequent

appointment as County Executive Committee member as per the table below.

No. NAME OF NOMINEE DEPARTMENT

1. Ms. Pauline Kerubo Oyugi Trade, Tourism and Cooperatives Development

1.2 Notification to the Nominee and Members of the Public

Mr. Speaker, Sir,

On 30th November, 2018, the Clerk of County Assembly of Nyamira, Pursuant to Section 6(2) and 7(4) of the Public Appointments (County Assemblies Approval) Act of 2017, notified the nominees and members of the public of the time and place for holding of the approval hearings. The Clerk further notified the public of Section (7) 10 of the said Act which provides that “any person may, prior to the approval hearing, and by written statement on oath, provide the Clerk with evidence contesting the suitability of a candidate to hold the office to which the candidate has been nominated” (Annexure 2).

The Committee complied with the Constitutional requirements, legal provisions and

established procedures throughout the vetting process. The committee facilitated public

participation and openness in all vetting proceedings.

Mr. Speaker, Sir,

It is against this background that the Committee produced this Report.


2.0 THE VETTING PROCESS

Mr. Speaker, Sir,

The vetting exercise was conducted on Thursday 13th December, 2018. The committee was

guided by among other documents, the Public Appointments (County Assemblies Approval)

Act, 2017.

In addition, the Select Committee on Appointments examined the nominee following the

guidelines below:

i) Academic qualifications

ii) Employment record and work experience

iii) Professional association

iv) Public office, political activities and affiliations

v) Potential conflict of interest

vi) Knowledge of relevant Subject

vii) Suitability to the position

viii) Tax compliance

ix) Integrity

2.1 Committee Preliminary Observations

Mr. Speaker, Sir,

Before commencement of the vetting process, the Committee made the following preliminary

observations and findings

2.1.1 Statutory Requirements for Nominees

Mr. Speaker, Sir,

(i) The nominee has the requisite qualifications and experience as required by law.

(ii) That the nominee meets the requirements of Chapter Six of the Constitution of Kenya: tax

compliance Certificate, Police Clearance Certificate, Higher Education Loans Board

Compliance, clearance by the Ethics and Anti-Corruption Commission (EACC) and Credit

Reference Bureau.

2.1.2 Petitions against the Candidate

Mr. Speaker, Sir,

The committee did not receive any petition contesting the suitability of the candidate to the position he is nominated to.


2.1.3 Composition of the County Executive Committee

No. NAME OF ECM DEPARTMENT WARD CONSTITUENCY

1. Ms. Jackline Kemunto

Momanyi

Finance and Planning Gachuba Kitutu Masaba

2. Mr. John Moenga Omanwa Transport, Roads and Public Works Bonyamatuta West Mugirango

3. Mr. Johnstone Obike Ndege Public Service Management Bokeira North Mugirango

4. Mr. Zablon Oero Onchiri Lands, Housing and Urban

Development

Bosamaro West Mugirango

5. Ms. Gladys Bogonko Momanyi Education and Youth Empowerment Nyansiongo Borabu

6. Mr. Douglas Oseko Bosire Health Services Gesima Kitutu Masaba

7. Ms. Peris Nyaboke Oroko Agriculture, Livestock and Fisheries Esise Borabu

8. Mr. Benard Mang’aa Osumo Gender, Sports, Culture and Social

Services

Nyamaiya West Mugirango

9. Mr. Peter Omwanza Muga Trade, Tourism and Cooperatives Magwagwa North Mugirango

10. Mr. Samwel Mokua Maiko Environment, Water, Mining and

Natural Resources

Bomwagamo North Mugirango

2.1.4 Analysis of Composition of the County Executive Committee per Constituency

No CONSTITUENCY NO OF ECMs

1. Kitutu Masaba 1

2. West Mugirango 3

3. North Mugirango 3

4. Borabu 2

TOTAL 9

NOTE: Ms. Jackline K. Momanyi resigned from her position as the Executive Committee Member for Finance and Planning, which resignation triggered the current process of filling the said vacancy.


3.0 VETTING PROCESS

3.1 Nominee Personal Details

Mr. Speaker, Sir,

The Nominee is a lady aged 57 years old, married in Gesima Ward and hails from Nyansiongo

Ward.

3.2 Academic, Professional Qualifications and Working Experience

Mr. Speaker, Sir,

Ms. Pauline Kerubo Oyugi is a holder of Master of Business Administration, a Bachelor of

Science in Horticulture and a Diploma in Horticulture. The Nominee has worked for the Kenya

Tea Development Agency as a Factory Unit Manager from 1996 to date. Hitherto, she worked

as a Crops Officer in the Ministry of Agriculture & Livestock Development between the years

1983 to 1986. She has a total working experience of 35 years.

3.3 Committee Findings on Ms. Pauline Kerubo Oyugi

Mr. Speaker, Sir,

The committee found the Nominee to be academically and professionally qualified for the

position. She has the requisite experience and therefore can handle the portfolio of County

Executive Committee Member for Trade, Tourism and Cooperative Development.

The Nominee also has an in-depth understanding and interest in the portfolio nominated to.

She is precise, coherent, eloquent and prompt. She exhibited ability to solve professional

matters diligently.

She scored an average of 81% from the assessment made by the Select Committee on

Appointment using Schedule 2 criteria set out in the Public Appointments (County Assemblies

Approval) Act, 2017.

COMMITTEE RECOMMENDATION

Mr. Speaker, Sir,

In view of the above, the Committee, therefore, recommended for the approval of Ms. Pauline

Kerubo Oyugi for appointment to the position of County Executive Committee Member –

Trade, Tourism and Cooperative Development.

However, there was a dissenting opinion as per the attached report.

county government of nyamira the county assembly · 8. mr. benard mang’aa osumo gender, sports,...

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